STATE OF UTTARAKHAND Vs. NARENDRA

JUDGEMENT

(1.) The State has come up in appeal challenging the judgment dated 30.7.2010 rendered by learned Additional Sessions Judge, Roorkee, District Haridwar in S.T. No.233 of 2009, whereby the respondents, who were charged with and tried for the offences of Section 147,148,323/149, 307/149, 302/149, 452 and 506 IPC, were acquitted.

(2.) Case of the prosecution in a nutshell is that an FIR was lodged by PW1 Vikram Singh, to the effect that on 8.5.2008 at 6 PM, Narendra armed with Lathi, Pushpendra armed with Palkati, Manoj armed with Ballam, Shiv Pal armed with Spade, Jaipal armed with knife and Pratp armed with iron rod, came to his compound. They attacked Dheer Singh. After hearing the commotion, Vikram Singh, Kunwar Singh, Smt. Rajbala, Sujit Singh, Abhijit Singh, Amit and Himanshu came on the spot. They persuaded the respondents not to beat Dheer Singh. All the respondents attacked them with their respective weapons due to which they received serious injuries. All the injured were taken to the hospital where Himanshu was declared dead.

(3.) The post-mortem was conducted on the dead body. The F.I.R. was registered. The matter was investigated and the Challan was put up after completing all the codal formalities.